The recent decision by the UK government to repeal the 2031 deadline for registering historic public rights of way has triggered a wave of uncertainty for landowners and farmers. While the intention to protect England’s heritage of access is admirable, this legislative change raises significant concerns for those managing private land.
The concept of a cut-off date for registering historic rights of way was first introduced by the Countryside and Rights of Way Act 2000. This was intended to bring clarity to the definitive map and statement, which legally records public rights of way. Originally set for 2026, the deadline was later extended to 2031 to give councils, campaigners, and stakeholders more time to process applications. The removal of the cut-off date means the process is now open-ended. While this may be seen as a victory for campaigners seeking to preserve unrecorded paths, it perpetuates uncertainty for landowners, particularly in areas where historical evidence could give rise to claims for routes that have been unused for centuries.
The process of recording historic rights of way focuses on documenting existing but unrecorded rights. This task is resource-intensive, requiring detailed research into historical documents and often leading to disputes. Many councils, already struggling with reduced budgets, are facing significant backlogs in processing Definitive Map Modification Order (DMMO) applications. For instance, North Yorkshire County Council currently has over 200 undetermined applications on its register, illustrating the scale of the issue.
The backlog is a symptom of broader challenges. The repeal of the deadline removes a sense of urgency, potentially slowing progress even further. Landowners are left in a prolonged state of uncertainty, unable to make long-term plans due to unresolved claims. Farmers, in particular, face disruptions to operations and concerns about liability, privacy, and the potential devaluation of land.
The removal of the deadline highlights systemic issues within the Rights of Way system. Councils are often underfunded and unable to prioritise processing DMMOs, while outdated procedures add further delays. The Deregulation Act 2015 introduced measures to streamline the process, but many of these provisions remain unimplemented, leaving landowners and councils to grapple with inefficient systems. For some landowners, negotiated solutions like creation agreements could help formalise routes in ways that balance public access with private interests.
What Landowners Can Do
Given the uncertainty, landowners should consider proactive measures to protect their interests:
By taking these steps, landowners can better manage the challenges posed by unrecorded rights of way and safeguard their livelihoods.
For further assistance or to discuss your land management needs, contact Charlotte Hubbard at H&H Land & Estates on 01228 406260 or email [email protected]
Charlotte Hubbard - Commons and Land Management Advisor